46826335 Human Trafficking Prostitution and Sexuality

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Prepared by

Human

Trafficking,Prostitution,and Sexuality

RESOURCE MATERIALAPT

Act to Prevent Trafficking


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Table of Contents

Introduction 3

Donal Dorr

Chapter 1. The Psychological Impact on the Trafficked Person 7

Eimear Burke

Response by Kathleen Fahy, Director of Ruhama 18

to the paper presented by Eimear Burke

Chapter 2. The Legal Quagmire 23Hilkka Becker

Chapter 3. The Swedish Initiative 38

Stellan Hermansson

Chapter 4. Sexuality and Justice 44

Suzanne Mulligan

Chapter 5. Sexuality and the Good of Human Relationships 53

Suzanne Mulligan

Chapter 6. A Spirituality of Sexual Intimacy 67

Donal Dorr

Notes for Chapters 70

COPYRIGHTAPT September 2010


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Introduction

Nowadays, people believe that our society is far more open and liberated

than in the pastnot weighed down by old-fashioned and repressive ideasespecially in regard to sex. Against that background we sometimes hear

people refer in a half-jocose way to prostitution as the oldest profession.

This gives a certain respectability to prostitution and implies that these

women are engaging freely in a quite normal and reputable transaction of

selling sex. Those who speak in this way are taking no account of the reality

of prostitution, particularly as it has recently developed.

For generations it has been the case that prostitution was controlled,for the most part, not by the women themselves but by tough and

unscrupulous people who act as pimps or madams in taking advantage

of poor and vulnerable women. For that reason it would be more accurate

to say that pimping is one of the oldest professionsexcept that one

should not debase the word profession by applying it to this exploitative

activity.

In very recent times the prostitution scene has changed quite radically

and has become far more exploitative. Nowadays the great majority ofthe women (or children) affected by prostitution in Ireland and in other

Western countries are no longer local people. They are women and children

from Eastern Europe, Africa, Asia, or Latin America who have been trafficked

from their home countries and brought illegally into Western countries.

This trafficking has now become one of the most lucrative forms of criminal

activity, rivaling the drug trade in terms of both the cruelty that it involves

and the vast amounts of money it generates for the traffickers.

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Furthermore, the use of mobile phones means that solicitation no longer

has to take place in the open. Many of the trafficked women are now locked

into a house or a room and not allowed outdoors at all. Consequently, it has

become far more difficult for the police to limit this new form of prostitutionor to track down the criminals involved in it. Those who have been trafficked

have usually been promised a respectable job and have given up their

passports to the traffickers. Having been brought into the country illegally

they are afraid to make contact with the police, even if they have the

opportunity to do so. Many of them do not speak English. Almost all of them

have been severely intimidated and traumatized by the traffickers or by

those to whom they have been sold on, and who now effectively own them.

They are told that they owe the traffickers huge sums of money to cover thecost of their travel. The message is that the only way they can hope to get

free of those who control them is by engaging in prostitution under whatever

conditions their owners decide. It cannot be said that the women and

children engaged in this modern version of prostitution are acting freely. In

effect, it is a new form of slavery.

Over the past three or four years

various voluntary agencies in Ireland

have been engaged in trying to put anend to this criminal activity and in

helping those who have been caught

up in it. The State, too, under pressure

from the voluntary agencies and from a

relatively small number of committed

politicians and other activists, has taken

some important steps towards trying to

deal with the traffickers and their victims.There are some things which only the State

can dofor instance, enacting laws which

are aimed directly at the criminals and

allowing a lengthy grace period as a time

for recovery and reflection to people who

have been trafficked and who are technically

illegal immigrants.

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Trafficking, Prostitution, and Sexuality


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However, there is much which is still left to the voluntary agencies. There

are five particularly important activities to which the members of these non-

governmental organizations devote time and energy and resources:

1. Raising of awareness among the general public of the reality of trafficking

and helping to educate peopleparticularly young peopleto a proper

understanding of sexuality, rather than the exploitative approach which

is promoted through the industries of trafficking and pornography.

2. Lobbying politicians to ensure that effective and human legislation is

passed to deal with the whole problem of trafficking.

3. Establishing links and networking with colleagues in the countries fromwhich most of the trafficked people come, with a view to addressing the

supply side of the problem. In practice, this means ensuring that the

poor and vulnerable people who are most likely to be trafficked are

warned of the dangers, helping them to find alternative ways of

overcoming poverty and marginalization. It also means encouraging

politicians and police to crack down firmly on the traffickers.

4. Making direct contact with those who have been trafficked with the aimof rescuing them and also of documenting the extent of the problem.

5. Offering counseling and other practical help to those who are in the

process of escaping from this form of slavery.

Four years ago a number of concerned people came together and founded

the small organization called Act to Prevent Trafficking, shortened to APT.

The members of APT work in cooperation and close partnership with other

voluntary agencies. APT focuses particularly on the first three of the aboveactivities, leaving it to Ruhama and other partner agencies to make direct

contact with trafficked people.

With a view to raising awareness of the issue of trafficking and the problems

associated with it, APT recently organized a conference to which politicians

and other leaders in society were invited. Those who took part in the

conference found it both an enlightening and a deeply moving experience.

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Introduction


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CHAPTER 1

The Psychological Impacton the Trafficked Person

Eimear Burke

Rather than give a rather dry quantitative presentation on the psychological

consequences of trafficking on women I have chosen to talk from my own

experience of interviewing women who have been trafficked. What I found

is similar to findings in other research carried out on women who have been

trafficked and on people who have experienced trauma. I was asked by a

service provider to provide psychological reports on these women to provide

information for their applications for leave to remain here in Ireland. This

was also to reduce the likelihood that these women would have to tell their

stories over and over again.

I have been given permission by these women to tell their story so long as I

do not reveal any identifying information about them. One woman said she

wanted to be helpful so that other women are not caught in the same trap.

In order to protect the anonymity of these women I have changed all names.

Some background:

This presentation is based on the stories of 6 of the women

I interviewed. They come from West and Central Africa and

Eastern Europe. They range in age from 23 to 29 years. Most

spoke good English. For some there was an interpreter present.

I will use the Tree Metaphor in order to provide a picture of the

trafficking experience of these women.

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The roots, which are usually hidden and require sensitive and careful

exploration, relate to the pre-disposing factors which have left the women

vulnerable to trafficking.

Poverty Lack of extended family

Trauma Forced migration

War/violence Poor support systems

Bereavement Lack of education

Murder Child sexual abuse

Genocide Orphaned

Rape

Each of the women I interviewed endured at least 6 of the above. Although

the womens stories are very different, there are common threads among

them. Invariably, the women were befriended by someone, either they knew

or a stranger who promised them a better life elsewhere. They arranged

their documents, false ID, visa and airfare, saying that the women could pay

them back later. Some women paid up to 5000 for this. Some women were

trafficked directly into Ireland from their country of origin while others were

trafficked into other European countries and eventually fled to Ireland forasylum.

The tree trunk relates to the methods used by the traffickers to control and

force the women in to prostitution.

Rape Beating

Starvation - One woman got fed every 2 or 3 days.

For another woman the only food she got to eat was

what the clients brought with them to the brothel. Physical exhaustion Isolation

Deception Death threats

Torture - psychological not knowing when it was

going to happen again

Bewitchment Alcohol

Drugs Relocating

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Removal of personal documents and identification

Imprisonment Taking their clothes

Threats of deportation

The traffickers use very brutal and manipulative methods to exert control

over the women. The initial process is such that it serves to break the woman

down both psychologically and physically. It often involves weeks or months

of travelling on foot, by bus, truck, car, train or boat. The women are not told

anything about their destination. They are forced to have sex with their

traffickers, which for some resulted in pregnancy. By the time they arrive at

their destination they are exhausted, confused, demoralised and

disempowered. One woman described her horror when she realised she hadbeen sold into prostitution. When she tried to refuse, the other women in

the brothel suggested she do as she was told as there was no point in

refusing. This woman was threatened by her traffickers that something

horrible would happen to her and that no one would find her. Other women

were threatened that their family members at home would be killed. A

number of them were told that they had to work in prostitution in order to

pay back the money it cost to get them to Ireland. One woman was told she

had to repay 50,000.

These methods serve to break the woman down, her personal autonomy is

violated. The woman learns to accept anything. I was stressed all the time

and horrified at what was going on all around me. Feelings were hunting me

all the time I felt my life was in danger.

I thought the best thing for me was to do what they wanted so it wouldnt

get worse.

The tree branches relate to the feelings and presenting psychological

symptoms of the women.

When the women come to me for their interview, I usually go out to greet

them. My office is at the back of my house and I get an opportunity to

observe them as we are walking to my office. All of them appeared very

anxious, looking over their shoulder in a hypervigilent manner. A number of

them were very jumpy and startled easily at the slightest noise. This is in

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The Psychological Impact on the Trafficked Person


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sharp contrast to my usual clients who although they might feel a bit

nervous on coming for the first time, are able to look around the garden

and make some comment about it.

The approach I use with the women is to acknowledge their fear and their

difficulty in telling their story. I explain that I need to hear their story in order

to provide a report. I work from the attitude of believing these women and

showing compassion. An approach I use with all of my clients. This allows

space for me to spot any inconsistencies in their stories.

Feelings

Lack of trust - I dont think I can trust anyone. Anyone Ive trusted except

Elizabeth has turned me down. My mother abandoned me when I needed

her. I cannot trust my father.

Anger or irritability one woman describes how she is given to

extreme outbursts of anger and how she turns it on herself. Sometimes

she cuts herself and at others she hits her head with her fists.

Sadness I am very tense I feel flooded by feelings I used to have in

I feel overwhelmed by sadness Im nervous. I dont have very nice

memories a lot of bad memories.

Fear Im scared people from have my details. Im nervous all the

time. Im scared that someone from my past will find me.

Insecurity- I travelled here in trucks, living in other peoples houses

I come to my destination but still Im unhappy Im scared theyllsend me back.

Shame I feel ashamed because I was on the streets. Its dishonourable.

I didnt tell anyone about what happened. I didnt want anyone to

look at me and know.

Guilt I blame myself for leaving my sisters Im angry at myself

and at others.

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Confusion I was confused and very scared. I never knew people could

do these things

Depression one woman gets so low that she doesnt have the energy togo for her counselling although she has a good relationship with her

counsellor.

Terror In one case the woman described how she sits in her bed at night

with the chair against the door terrified that someone might break in.

Helplessness I dont have the strength to stop people. I cant defend

myself. I need someone to defend me. I just cry all over the place.

Symptoms consistent with Post-Traumatic Stress Disorder

Recurrent nightmares

Flashbacks I see war I see them cutting my sister into pieces. I see blood

everywherechildren are cryingpeople are running everywhere

theyve killed my uncleIm scared people dyingI dont see Im safe

war is in my head. Prof. Ivor Browne, former Professor of Psychiatry

in UCD, talks of people who have experienced trauma as freezing at

the time of the trauma. In order to cope they shut down emotionally.

They do not integrate the experience. The experience is frozen within

the person but outside of time. So the person lives the experience again

and again as if for the first time. This she experienced in the room with

me. Note she is using the present tense. Its as if it was happening to her

in the present. She was highly distressed at the time.

Recurring and intrusive memories of traumatic events.

Intense psychological distress at anything that reminds them of any

aspect of the traumatic event - The word that comes into my head is

Death. I feel on my own I think I hear her calling me I pray Ill be

able to find her. Its very painful that shes not here. What scares me is

that I cant contact her I cant hear her on the phone.

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Physiological reaction to anything that resembles the traumatic event -

I get dizzy when I think about it, everything spinning around. I pray not

to see them anywhere.

One woman described how she goes into a trance like state where she feels

weak, her mouth becomes dry, her hands shake and she finds it difficult to

breathe.

Attempts to avoid thoughts, feelings or conversations associated with the

trauma - I dont want to be on my own to think about that happened.

My past is so bad Ive had no childhood. I find it difficult to trust

other people. I dont get too deeply involved with them.

I want to let it go but nobody will let me. (Referring to the asylum

process) I have to keep talking about it. I wish someone would take

all of this away from me.

Attempts to avoid activities, places or people that trigger and memories

of the trauma not watching the news on television, or avoiding people

from their country of origin.

Inability to recall specific details of the trauma, for example, dates, or

event sequences.

Diminished interest or participation in significant activities I dont

go out I dont feel Id be good company.

Feeling detached or estranged from others - I dont want to go out, even

to collect my money. I hate anyone to know how I feel. I dont want anyone

to see my confused crying. My head is completely full so I stay in my room

Limited range of emotions, e.g. inability to have loving feelings. Poor sleep, difficulty falling or staying asleep.

Irritability or outbursts of anger.

Difficulty concentrating.

Hypervigilence.

Exaggerated startle response.

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All of the women had suicidal thoughts or had attempted suicide at

some point. In my opinion there is a very high risk of suicide if they

were to be sent back to their own countries. When asked what they

thought might happen if they were to be deported:

To ? I would be cut up. I could bear to be shot but not cut up.

If they send me back I will kill myself. I wont wait for them to take me,

I will be dead.

I will better kill myself cos I know Anna will be safe here. I will

not go back with her. I will be killed. She will not be safe there. Jonas

will kill me.

I have rest of mind now. But if it happens again I want to die

God should take my life.

It will be a death sentence the soldiers who attacked me and my sisters

are still there. The file will go back all the information about my

parents is still there. I will be locked up at the airport. I will be put in

prison I will be killed.

I will really kill myself. I dont call it my country anymore. Id rather end

up on drugs and kill myself. I dont want to think about my country,

not even on the news. Theres nothing there for me. I dont want to think

about it at all. I miss my grandmother but thats it.

Im too scared to go back. Theyll just find me(referring to her traffickers)

Im safe here Ive lost Susan. Im afraid of losing Sophie.

In some cases, rape triggers obsessional cleaning and washing. I can

stay in the shower for hours scrubbing myself I can clean one place a

hundred times. In another case there were obsessive fears about

contaminating others through cups and cutlery.

There were instances where there was obsessional checking and

rechecking of door and window locks.

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When I asked the women how it would be for them if allowed to remain

in Ireland:

Id be more relaxed as I wouldnt have to think about my country or going back

there. Id know my future is secure. I know Id make a good life here. Referring

to a course shed like to study, something significant, that I would feel

good about it.

Id have a quiet life I dont know if I could take another big change in my

life. I feel more safe here than anywhere else. I could give my child a future

and a life I never had.

There is no prostitution here. Im safe in Ireland.

All of the women expressed hopes for their futures if granted asylum in

Ireland. When speaking of what they envisioned for themselves their faces

would light up. Some want to study, for example, nursing, journalism. Others

who have never been to school would like to start their education.

I would like to comment on the experiences of the women since they came

to Ireland.

By the time the women get to the Department of Immigration they are so

traumatised and terrorised that they are unable to tell their story. Some of

the women were warned by their traffickers to lie about their age or country

of origin, or the route they took to Ireland. They are often so frightened and

confused they cannot speak. The bureaucratic approach which is adversarial

and essentially non-believing results in a secondary trauma for these

women. A consequence of this is that they shrivel up and freeze. When I was

approached to interview these women its because no one had been able toget a clear account from the women about their experiences.

Im sorry to say that the treatment some of these women have had from the

authorities here is such that it serves to prolong their psychological distress,

for example, the manner in which the women are transferred from one

hostel to another. One woman was moved to a hostel in another part of the

country with only 24 hours notice. That meant that her counselling and art

therapy classes stopped, she lost the support of her case worker and her local

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drop-in centre. I feel sad I lost another part of my family and friends.

Another woman described how difficult it was for her to trust people. Shed

just made one friend in the reception centre and then they were both

transferred to different parts of the country. Another woman who has verylittle English is in a hostel down the country where there is no one who

speaks her language. All of her supports are in Dublin but she cannot access

them regularly.

The very long asylum seeking process results in prolonging the womens

sense of insecurity. It does not allow the women an opportunity to move on

with their lives. Looking at Maslows Hierarchy of needs, security along with

shelter, food and water needs are among the basic needs for a human being

to function and develop. No amount of counselling or befriending is going

to help these women to heal unless the have a secure base. Then they can

begin to make social connections and develop a supportive social network.

They are depending on the Irish system to provide this.

They need to be treated with respect and compassion. Their stories need to

be acknowledged and believed. In a paper by Maercker et al., published this

year in the European Psychologist on Chechen refugees it was found that

there is a correlation between lack of social acknowledgement of theirtrauma and PTSD. Other studies have shown that social acknowledgement

in traumatised victims has been shown to be a recovery or protective factor

for PTSD in former political prisoners and victims of crime.

Unfortunately in this country there is a culture of not believing or

acknowledging the stories of those who have been abused or traumatised.

It took the recent Ryan report to knock us out of our complacency. And

still there is a considerable amount of denial about it.I will end with a piece which was commissioned for this presentation.

It is by Howard Campbell. When I heard about the plight of trafficked

women in Ireland it reminded me of Ann Le Marquand Hartigans

short play La Corbirewhich paints a graphic account of French women

trafficked to Jersey for Nazi soldiers entertainment during World War II.

The ship transporting them sank. Nearly all were drowned. Their bodies

left as food for fish.

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After Eimears talk, a short response was given by Kathleen

Fahy, who was at the time the chief executive of the

Ruhama agency. This is what she said.

Response by Kathleen Fahy, Director of Ruhama

to the paper presented by Eimear Burke

Thanks to APT for giving me the opportunity to respond today. Im glad that

youve chosen to highlight the psychological effects of trafficking. This is an

aspect that has not to date received enough attention as our focus in past

conferences has understandably been on the legislative frameworks and

the need to bring Ireland into compliance with its international obligations.

My brief is to respond to Eimears paper today and I have been asked to focus

on Ruhamas experience in working with suspected victims of trafficking.

Much (indeed all) of what Eimear has said resonates with Ruhamas

experience over recent years.

Eimear has described well the symptoms of Post Traumatic Stress Disorder

which the women we work with display so I wont go into this in depth here

other than to confirm that:

The anxiety, nervousness, fear, guilt, confusion and depression

which she has spoken of are very evident when we meet trafficked

victims.

The intense psychological distress and the physiological impacts

are very real

Often they are literally a bundle of nerves when they first come to us

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I think its good that she has gone into this in depth as we do need a

clear understanding of the stressful impacts which the trafficking

experience has on its victims and how it seeps into every aspect

of their lives and can disable their ability to deal with normaleveryday situations.

For Ruhama the point of understanding their stress patterns and their

mental and emotional issues is to be able to offer effective support.

We are dealing with women who have been hugely betrayed, whose

autonomy and power has been stripped from them, who have lost hope

in themselves and in everyone around them.

Our challenge is to help them begin to trust again, to get in touch with their

emotions, to break out of the shell the protective armour they have

surrounded themselves in, following the brutality of their experiences.

It is a lot to overcome and the road to recovery is a long and difficult one.

Its not easy and yet before our eyes we have again and again watched

women move (slowly and hesitantly to be sure) from frightened, anxious

individuals towards confidence. Slowly we see their demeanour change,standing a little taller, gradually becoming a little less fearful, a little laughter

emerging, a new outlook slowly unfurl. I have often heard colleagues

comment on this blossoming taking place before their very eyes.

But how is this achieved?

Primarily through putting in place a caring environment where they can

begin to feel secure, where they are treated with respect and so begin to

respect themselves again.

Where they experience kindness and acceptance and can begin to trust

themselves and others again.

Where they can begin to deal with the feelings of shame and anger and

loss all emotions competing for attention Eimear quotes one woman as

describing feeling dizzy with everything spinning around. These are key

steps in the empowerment process.

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By addressing their health needs and referring them for the necessary

screening and supports. HIV is a big concern for women trafficked into

the sex trade, and invariably we find that until they have assurance around

this issue they cannot relax.

Secondly by offering a programme of support that focuses their con-

centration and attention, involves learning, goal setting, planning for the

future,. . . acknowledging that there can be a future.

We have found that our training and education programmes have

great therapeutic value beyond their immediate goals.

They provide stimulation, take them out of the depression and

anxiety for a period.

Post Traumatic Stress Disorder is a response by a normal person to

an abnormal situation. Through our programme of supports we try

to bring some normality back into their lives.

I suppose it can be summarised in the provision of support in a holistic

way tailored to individual need nurturing mind, body and spirit. In this

way they rebuild some faith in humanity and become open to reintegrating

into society again and healing can begin.

But Im not trying to paint a rosy picture here. This is an inch by inch step

by step process towards reclaiming their personal autonomy.

But we have seen enough success to know that with the right supports

the human spirit can overcome the most awful adversity.

Sadly we have also had enough experience to know that not everyone will

achieve that wished for outcome;

For many fear remains a constant in their lives

Fear of their traffickers and of being recognised on the streets or in

the hostels and being caught again.

Fear for their familys safety back home.

Fear of being deported.

I doubt if those fears are ever truly overcome


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Some of our clients end up with psychotic disorders. Some will be on anti-

depressants for a very long time. We have had a number of clients

experiencing suicidal ideation.

Needless to say the mental health supports are woefully inadequate.

Ruhama is more and more convinced that advocacy for victims of

trafficking must include a focus on the need for improved mental health

care. The National Action Plan for responding to victims of human

trafficking needs to make special arrangements to meet mental health needs

of this target group.

Eimear has highlighted the need to acknowledge their story and the

difficulties they experience in telling it. This is particularly important atan official level.

It is hugely important for the abused person to feel believed, that her

experience is not being denied. In denying her story we further erode

her rights, deny her the justice she deserves. The long investigative process

is a reopening of the trauma a reliving of events that she wants to obliterate

not dwell on.

Instead she endures many re-counting of her story being examined forconsistency and accuracy (or inconsistency and inaccuracy).

I acknowledge this is a difficult one; there is no avoiding the telling of her

story no matter how painful. The reality of what has happened to her must

be verified and this also is her right.

But that said now that we are developing formal legislative and admini-

strative frameworks for dealing with suspected victims of trafficking perhaps

we can agree on a framework which would allow one telling to reduce thestress involved. And in the process we need to be extra vigilant to ensure that

we dont jump to conclusions that the person is lying in order to get

residency or leave to remain here.

Ireland is currently in the process of finalising its national Action Plan for

responding to suspected victims of trafficking. Indeed much is now already

in place. Over the past two years Ruhama has consistently called attention

to the deficits in some elements of the plan.


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At the conference organized by APT, Eimears talk and

Kathleens response were followed by another important

talk. This time the speaker was Hilkka Becker, who is a

solicitor who works with the Immigrant Council of

Ireland. Hilkka spoke about the difficult legal situationin which trafficked people find themselves. The second

chapter in this little booklet is the text of her talk.

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Chief among these is the use of Direct Provision hostels as the only

accommodation now on offer, even though their unsuitability for

this client group has often been highlighted. (The lack of personal

space, no place to retreat to, the commotion in the early hours of themorning when others are deported all add to the anxiety and are

certainly not conducive to the rest and reflection which we now

agree is their right).

The dispersal of suspected victims throughout the country and away

from their support mechanisms is sometimes detrimental and we

do need a more supportive approach to this at official levels. (Much

of what Eimear has just told us should demonstrate the need for

consistency in support).

I am highlighting these two aspects in particular as they have potentially the

most significant impact on the psychological welfare of the women we work

with.

Thank you,


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CHAPTER 2

The Legal Quagmire

Hilkka Becker

1. Introduction

The Immigrant Council of Ireland (ICI) is an independent, non-

governmental organisation which promotes the rights of migrants and

their families by providing information and support, advocacy and

strategic litigation. We also conduct policy and campaign work and

provide a training service.

The ICI prioritises support for migrants who have experienced human

rights abuses in this country. Among these most vulnerable migrants,

we have established special support for people in the following

categories:

women who have been trafficked to Ireland for the purposes of sexual

exploitation

women subjected to sexual exploitation within the sex industry

victims of domestic violence

unaccompanied minors

The ICIs unique position as an Independent Law Centre allows us to use

our expertise in the area of Irish immigration law to offer high quality

legal advice and representation to migrants who have experienced

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human rights abuses. We can provide support and advice to migrants in

relation to their immigration status in Ireland, their immigration related

dependency on abusive family members and a range of issues facing

victims of trafficking, including liaison with An Garda Sochna.

The ICI has long-established, collaborative relationships with orga-

nisations providing services to vulnerable migrants, including the

Womens Health Project (HSE), Womens Aid, AkiDwA, Ruhama, the

Migrant Rights Centre Ireland and Act to Prevent Trafficking (APT).

We are also partners in the Dignity Project, an interagency initiative

of the Dublin Employment Pact and the ICI working to deliver quality

services for victims of sex-trafficking in Ireland together with a number

of Irish partners, including the Womens Health Project (HSE), the AHTU,

the Sonas Housing Association, and the Garda National Immigration

Bureau (GNIB).

The ICI welcomes the efforts of the Government set out in its

National Action Plan to Prevent and Combat Trafficking in Human

Beings in Ireland (2009 2012) to develop a fully effective system of

supports for victims of trafficking. However, we do have some ongoing

concerns regarding the long-term situation of victims of traffickingwithin the State, the risk that they might not be adequately protected

against being prosecuted for offences committed by them in the context

of their own trafficking, and we are concerned that the provisions in

relation to the compensation of victims of trafficking may not be

adequate and in line with the requirements of the relevant provisions

in international law.

2. Residency

When looking at the issue of residency for victims of trafficking

in Ireland, it is necessary to distinguish between permits that

may be ultimately granted for the purpose of the victim assisting

the Garda or other relevant authorities in relation to an investigation

or prosecution arising in relation to the trafficking and permits

that may be granted to a victim of trafficking on the basis of their

protection or humanitarian needs.

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2.1 Recovery and reflection permits

In accordance with Administrative Immigration Arrangements for the

Protection of Victims of Human Trafficking first introduced in June 2008,

a recovery and reflection permit shall be granted to a person who has

been identified by An Garda Sochna not below the rank of

Superintendent in the Garda National Immigration Bureau (GNIB) as a

suspected victim of human trafficking.

In practice, these permits are granted after many lengthy informal

interviews with members of An Garda Sochna and on occasion,

victims of trafficking had already progressed to giving full and detailed

witness statements by the time they were granted a recovery andreflection permit.

While the ICI acknowledges that there may be a pressing need to gather

evidence in certain cases, it is of serious concern to us that in practice,

victims of trafficking often do not seem to get the breathing space

allowing them to recover, escape the influence of the alleged

perpetrators of trafficking and to make an informed decision as to

whether to assist the Garda or other relevant authorities.

During the recovery and reflection period, victims of trafficking will

merely be granted a Stamp 3 residence permit, which will be valid for 60

days and can be terminated, and they are not entitled to access the

labour market or social welfare payments outside the system provided

through the Reception and Integration Agency (RIA). In light of the

limited rights granted to victims of trafficking during this period, we

would encourage the GNIB and the Department of Justice, Equality and

Law Reform to take a more liberal approach to the granting of suchpermits.

We have raised our concerns at the High Level Working Groups which

the ICI is attending along with other stakeholders, including the Anti-

Human Trafficking Unit (AHTU) and the GNIB and hope that the good

relationships developed through the cooperation of Government and

NGOs in this area, will lead to the improvement of the situation in line

with international best practice.

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2.2 Temporary residence permits

In line with the Administrative Immigration Arrangements, a 6-month

temporary residence permit on Stamp 4 conditions, allowing access tothe labour market, vocational training, education as well as to the social

welfare system, will be granted only where the Minister is satisfied that

the person has severed all relations with the alleged perpetrators of the

trafficking and it is necessary for the purpose of allowing the suspected

victim to continue to assist An Garda Sochna or other relevant

authorities in relation to an investigation or prosecution arising in

relation to the trafficking.

The ICI has previously expressed its concerns that the current system

fails to provide an avenue to residence on humanitarian grounds unless

a victim has been issued with a notification of the Ministers intention

to deport her.

We would like to take this opportunity to repeat our call for an

amendment of the Immigration, Residence and Protection Bill

2008 to allow the Minister to grant a renewable residence permit

in circumstances where it is unreasonable to compel a victim oftrafficking to leave Ireland. Matters that should be considered

include the victims safety, state of health, family situation and

other factors relating to the victims humanitarian or medical

needs. Furthermore, the Bill should be amended further to allow the

Minister to grant a renewable residence permit to child victims of

trafficking in order to protect the childs best interest and to allow for

the renewal of same.

2.3 Longer term residence permits

The process under which a victim of trafficking can currentlyapply for

permission to remain in the State on humanitarian grounds, i.e. Section

3 of the Immigration Act 1999 as amended. However, this provision is

set to be abolished with the coming into force of the Immigration,

Residence and Protection Actwhich is foreseen for 2010.

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If the new legislation is enacted as now drafted, the only avenue that

would remain open would be a protection application. However, as the

Refugee Convention is forward looking and the Immigration, Residence

and Protection Bill 2008 specifies that the Minister shall not be obligedto take into account factors in the case that do not relate to reasons for the

applicants departure from his or her country of origin or that have arisen

since that departure, when considering whether compelling reasons

exist to grant permission to remain in the State, the protection route

will not provide adequate protection for many victims of trafficking.

We do hope of course that the Government will follow the Concluding

Observations of the UN Human Rights Committee resulting from its

examination of Irelands compliance with the International Convention

on Civil and Political Rights (ICCPR) in July last year:

While the Committee takes note of the positive measures adopted

concerning trafficking in human beings, such as the establishment of an

Anti-Human Trafficking Unit and the provision of training to border

guards, immigration officers, and trainees in these fields, the Committee

is concerned about the lack of recognition of the rights and interests of

trafficking victims. It is particularly concerned about lesser protection forvictims not willing to cooperate with authorities under the criminal law

(human trafficking) bill 2007. (arts. 3, 8, 24, 26). The State party should

continue to reinforce its measures to combat trafficking of human beings,

in particular by reducing the demand for trafficking. It should also ensure

the protection and rehabilitation of victims of trafficking. Moreover, the

State party should ensure that permission to remain in the State party is

not dependent on the cooperation of victims in the prosecution of alleged

traffickers. The State party is also invited to consider ratifying the Protocolto Prevent, Suppress and Punish Trafficking in Persons, Especially Women

and Children, supplementing the United Nations Convention against

Transnational Organized Crime.

2.4 Applications for international protection

Applications for refugee status under the Refugee Act 1996 (as amended)

or for subsidiary protection pursuant to the European Communities

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(Eligibility for Protection) Regulations 2006 are a viable option to obtain

long-term safety for victims of trafficking. However, the criteria that are

to be met in order to qualify for international protection are very strict

and are applied in a forward-looking way.

In relation to an application for refugee status, the questions to be asked

are whether the victim of trafficking concerned has a well-founded fear

of future persecution based on a convention ground, in this case her

membership of a particular social group, and whether the State of her

country of origin or former habitual residence is unable or unwilling to

protect her.

The biggest challenge that victims of trafficking are faced with when

trying to meet the refugee definition is the question of availability of

State protection. Unfortunately, many victims are being refused on the

basis that:

State protection albeit imperfect would be available to the applicant

if she were to be returned to Nigeria. The opinions cited in the relevant

report as to the availability of protection for victims of trafficking are

relatively cohesive.

It does not seem to me that there is a conflict of any significance as to the

availability of protection; rather, different opinions are expressed as to the

quality and duration of the protection that is available to victims of

trafficking.

In my judgment, therefore, it was open for the Tribunal Member to reach

the conclusion that he did based on the information that was before him,

and he did so with due regard to natural and constitutional justice.1

In some cases, appeals against recommendations of the Office of the

Refugee Applications Commissioner (ORAC) to the Refugee Appeals

Tribunal (RAT) have been successful and determination by the ORAC

were set aside. Generally, these cases have involved very young and

vulnerable persons, for example in a case where the Tribunal Member

held that internal relocation in Nigeria was not a viable alternative:

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The internal relocation theory is one that must be reasonable in all the

circumstances and I do not accept that it would be reasonable in the

applicants case. The applicant is a single mother, alone, with no family

ties and no visible means of support. Her family have never been anysupport to her in her life.

() it would be unduly harsh to expect [the Appellant] to relocate

given the importance of family ties and social networks in Nigeria. I

further find that it would be unduly harsh given the past experiences of

the applicant.

In another case, involving a minor appellant from Nigeria, the Tribunal

held that:

While the State does offer protection to victims of trafficking, the

applicants position is distinguished by the fact that it was family

members who trafficked her, and considering the fact that the applicants

father appears to have an extensive network of connections within

Nigeria, the Tribunal therefore cannot be sure that the State could protect

the Applicant were she to return.

The above cases certainly give some scope in relation to applications for

international protection from victims of human trafficking and I would

argue that despite the less hopeful judgments coming from the High

Court so far, victims of trafficking still have a chance of succeeding with

their applications for protection, particularly where they belong to

particularly vulnerable categories of persons.

And it is certainly positive that human trafficking has, in principle,

been accepted as a ground for granting refugee status. However, it isimportant to bear in mind that many victims of trafficking will not

qualify for refugee status and that other avenues, allowing victims of

trafficking to obtain long-term security in relation to their immigration

status, for example by way of introducing a residence permit granted to

victims of trafficking on the basis of their safety needs, state of health,

family situation and other factors relating to their humanitarian or

medical needs, must be established.

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3. Risk of prosecution

The Immigrant Council of Ireland is concerned that currently, victims

of trafficking in Ireland are not adequately protected against being

prosecuted for offences which they committed as a direct consequence

of their situation as trafficked persons, or where they were compelled to

commit such unlawful acts.

The majority of immigration related offences are contained in the

Immigration Act 2003 and the Immigration Act 2004 and the failure to

comply with a duty prescribed by either act generally triggers the

commission of a criminal offence under the relevant act. A person guilty

of an offence is liable on summary conviction to a fine not exceeding3,000 or to imprisonment for a term not exceeding 12 months or both.2

However, victims of trafficking for the purpose of sexual exploitation

could also find themselves being charged with breaches of the

Employment Permit Acts 2003 and 2006 as well as with prostitution

related offences.

Article 26 of the Council of Europe Convention on Action against

Trafficking in Human Beings obliges Member States to providefor the possibility of not imposing penalties on victims for their

involvement in unlawful activities, to the extent that they have been

compelled to do so.3

So far, the Government has failed to transpose this provision into

the Criminal Law (Human Trafficking) Act 2008 by way of a non-

prosecution clause. And while we recognise the commitment in the

National Action Plan to Prevent and Combat Trafficking of Human

Beings 2009 2012 to ensure that a person who is a suspected victim of

an offence under the Criminal Law (Human Trafficking) Act 2008 shall

not be prosecuted for entry into, or presence in the State for carrying out

labour or sexual acts where those acts were a consequence of the

trafficking of that person, we would suggest that as a minimum, the DPP

should issue publicly accessible guidelines on non-prosecution of

victims of trafficking similar to those issued by the Crown Prosecution

Service (CPS) in the UK.

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Where investigating officers in the UK have reason to believe that the person

has been trafficked, prosecutors must consider whether the public interest

is best served in continuing the prosecution in respect of the immigration

offence.

According to the CPS guidelines, the following factors are relevant when

deciding where the public interest lies:

is the person a credible trafficked victim;

the role that the suspect has in the immigration offence;

was the immigration offence a direct consequence of their trafficked

situation;

violence, threats or coercion used on the trafficked victim to procure

the commission of the offence;

was the victim vulnerable or put in considerable fear.

And, where information has come to light from other sources that a suspect

might be the victim of trafficking, for example from a Non-Government

Organisation (NGO), the prosecutor should:

contact the police officer or immigration officer investigating the

immigration offences;

ask the investigating officer to make enquiries and obtain information in

connection with the claim that the suspect has been trafficked (this

should be done by contacting the UK Human Trafficking Centre

(UKHTC)4 ;

re-review the immigration case in light of any fresh information or

evidence;

if new evidence obtained supports the claim that the suspect has been

trafficked and committed the immigration offences whilst they were

coerced, give consideration to discontinuing the prosecution. Where

there is clear evidence that the defendant has a credible defence of

duress, the case should be discontinued on evidential grounds.

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It is of grave concern to the Immigrant Council of Ireland that

victims of trafficking may be reprimanded by members of An Garda

Sochna, for offences committed, particularly where they have not yet

been identified as victims of trafficking. One concrete example of one ofour clients contact with the Garda involved a situation where she,

having previously escaped her traffickers, was apprehended in a

shopping centre by one of them.

A fracas ensued and the Garda were called on request by our client,

herself and the trafficker were taken to the Garda Station where they

were questioned and then released. However, some weeks later, our

client received a request to attend at the relevant Garda Station to becautioned in relation to Public Order Offences.

Furthermore, we are worried that victims of trafficking may feel

compelled to give exhaustive information about their experience of

trafficking and potentially about any offences committed by them in

that context, in advance of having had the benefit of legal advice,

particularly in a situation where the services of the Legal Aid Boards

dedicated service for victims of trafficking will only be offered upon

referral from the Garda National Immigration Bureau following their

assessment of the persons status as a potential victim.

The only way in which non-prosecution can be guaranteed at present,

is through a letter from the Director of Public Prosecutions (DPP) giving

immunity in relation to specific offences. This was done in the

recent case of two women allegedly trafficked into Ireland who were

granted immunity from prosecution, having agreed to give full

statements about how they came to Ireland and the work in whichthey were engaged in a criminal trial against a Carlow man and his

daughter who are living in Wales.5 However, in order to obtain such

letter, it is necessary to list every single offence that the person

concerned is afraid of being prosecuted for, including all immigration,

employment and public order related offences. In our view this is far too

uncertain to guarantee adequate protection of victims of this most

heinous crime.

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It is important to note from the recent judgment of the Court of Appeal

of England and Wales in the case of Regina v. O, decided on 2nd

September 2008, that:

prosecutors must be aware of the protocols which, although not in

the text books are enshrined in their Code,6

defence lawyers must respond by making enquiries, if there is before

them credible material showing that they have a client who might

have been the victim of trafficking, especially a young client, and

where there is doubt about the age of a defendant who is a possible

victim of trafficking, proper inquiries must be made.

The judgment confirms the duty of prosecutors to make full and proper

enquiries in criminal prosecutions involving individuals who may be

victims of trafficking and to be proactive in establishing if a suspect is a

potential victim of trafficking.

4. Lack of compensation

Article 15 of the Council of Europe Convention on Action against

Trafficking in Human Beings requires national legal provisions for the

right of victims to compensation from the perpetrators.

In accordance with Article 15(4), each Party shall adopt such legislative

or other measures as may be necessary to guarantee compensation for

victims in accordance with the conditions under its internal law, for

instance through the establishment of a fund for victim compensation or

measures or programmes aimed at social assistance and socialintegration of victims,which could be funded by the assets resulting

from the application of measures against the perpetrators such as

monetary sanctions and the confiscation of assets.

The compensation victims of trafficking are entitled to is pecuniary and

covers both material injury, for example the cost of medical treatment,

and non-material damage for the suffering experienced.

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Ordinarily, victims right to compensation consists in a claim against the

perpetrators of the trafficking - it is and it should be the traffickers who bear

the burden of compensating the victims. And if, in proceedings against

traffickers, the criminal courts are not empowered to determine civil liabilitytowards the victims, it must be possible for the victims to submit their claims

to civil courts with jurisdiction in the matter and powers to award damages

with interest.

However, even though it is the trafficker who is liable to compensate the

victim, by order of a civil court or - in some countries - a criminal court, or

under a judicial or extra-judicial transaction between the victim and the

trafficker, in practice there is rarely full compensation whether because the

trafficker has not been found, has disappeared or has declared himself

bankrupt.

Article 15 of the Council of Europe Convention therefore requires that Parties

take steps to guarantee compensation of victims. The means of guaranteeing

compensation are left to the Parties, which are responsible for establishing

the legal basis of compensation, the administrative framework and the

operational arrangements for compensation schemes. In this regard, Article

15(4) suggests setting up a compensation fund or introducing measures orprogrammes for social assistance to and social integration of victims that

could be funded by assets of criminal origin.

In deciding the compensation arrangements, Parties may use as a model the

principles contained in the European Convention on the Compensation of

Victims of Violent Crimes, which is concerned with European-level

harmonisation of the guiding principles on compensating victims of violent

crime and with giving them binding force. Moreover, EU Member Statesmust also have regard to the Council Directive of 29 April 2004 on

compensation of crime victims.

The ICI is most concerned that the only avenues for victims of trafficking

being granted compensation in Ireland seems to be through the awarding of

compensation by a civil court or a court of criminal law, pursuant to the

provisions of the Criminal Justice Act 1993, or through the Criminal Injuries

Compensation Tribunal. As the Tribunal only covers out of pocket expenses

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5. Conclusion

There obviously is still a lot to do to ensure that Ireland has legislative

and administrative structures to address the heinous crime of human

trafficking and to fully ensure the protection of the human rights ofvictims of trafficking.

However, the very significant progress made in this area, particularly

since the establishment of the Anti-Human Trafficking Unit and the

High Level Working Groups, involving the GNIB, the Department of

Justice, Equality and Law Reform, the HSE and a variety of NGOs,

including Ruhama and the Migrants Rights Centre Ireland, as well as

through the work of organisations like Act to Prevent Trafficking (APT)must be acknowledged and give me and my colleagues in the ICI great

hope for the future.

After the above input, the floor was thrown open to the

audience for questions and comments. Two particularly

important points were raised. Firstly, it was pointed out thatthere is a close connection between the prostitution of

trafficked women and the whole pornography industry. Both

involve the exploitation of women. It was suggested that

participants in the conference might wish to join with those

who are working to expose and tackle this form of exploitation.

Secondly, it was suggested that by way of a practical action

following on from the conference, participants might join in

the campaign to tackle the demand side of prostitution bycanvassing support for the adoption in Ireland of the Swedish

approach.

We, the members of APT having worked in various ways over

the past four years to prevent trafficking, have come to one

definite conclusion about one of the most effective ways of

responding to the problem. We have become convinced that, if

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our society is to put an end to the heinous crime of trafficking,

what is called the demand side of the problem must

be addressed. In other words, it is essential that our laws

be changed, making illegal not the action of the women inproviding sex but rather the action of the people (almost

invariably men) who come to them looking for sex.

In seeking this major change in our laws we are encouraged by

the experience of societies which have already made this

change. The new approach was adopted in Sweden more than

ten years ago and the result has been a very notable drop in the

number of women trafficked into that country. In Sweden

selling sex is not a crime but the buying of sex is. Buyers facefines and up to six months in prison. The fines are related to

the daily pay rate of the offender.

Norway and Iceland have recently followed the example of

Sweden. Britain has now taken a big step in the same direction.

The UK law operates under the principle of strict liability. This

means that the courts do not allow as a valid defence a claim by

a client that he did not know that the woman had been

trafficked. Ignorance of the fact is not an excuse.

Irish law does not accept this principle of strict liability (as was

shown in the C case). So a defendant may escape punishment

by pleading that he did not know that the woman had been

trafficked. For this reason, if the problem of demand is to be

addressed in Irish Law, the Swedish model is the most

appropriate one for us to follow.

The organizers of the APT conference felt it would be helpful

for the audience to hear something of the Swedish experience.

So they invited Stellan Hermansson to speak on this topic.

Stellan is himself from Sweden and at present works with ICTU

(the Irish Congress of Trade Unions). Stellan spoke in a private

capacity, not as an ICTU representative. This third chapter

gives the text of his talk.

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Listening to Eimear Burkes presentation was very interesting, but also very

painful. It is painful to hear of the horrifying experiences of these young

women coming from Eastern Europe and the Global South. They have been

forced into prostitution for many different reasons but poverty is one ofthe main reasons. Most of these women were promised something else

when they agreed to be brought, trafficked, to Ireland or other western

countries. To save and protect these women when they have succeeded to

escape or get away from the criminal traffickers is of utmost importance and

in Hilkka Beckers introduction we heard that the Anti Human Trafficking

Unit together with other authorities and NGOs in Ireland are developing

their work on this issue. Hilkka also gave examples on how this work can

further develop in the future.The criminal networks and pimps who are organising the trafficking of

women must be exposed, prosecuted and severely punished for their crimes

against these women . But they are still not the main reason for the existence

of trafficking and this modern kind of slavery. The main reason is mens

demand.

Therefore we also have to act against the demand. We have to influence

and change this male behaviour. We have to establish new and better norms

in society norms that says no to trafficking and respect all womensright to a decent life.

And let me make it clear, I am not saying this from a moralistic perspective.

I am talking from a gender equality perspective. To work for gender equality

means to challenge patriarchal power structures, or in other words; to try to

change a world that has been dominated, ruled and defined by men for

thousands of years.

For me, gender equality is one of the main goals in the ongoing struggle tocreate a better world. One reason why the Nordic welfare societies have

achieved some degree of success in creating more socially equal societies is

because one of the main objectives is to promote gender equality: This has

been achieved in the following ways:

By ongoing research and debates on gender roles and how we can change

them,

By guaranteeing free or highly subsidised professional standard child care,

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By ensuring shared parental leave, and initiatives to encourage men also

to use their right to paternal leave.

By quotas to ensure 50% women in the boards of several main political

parties and various organisations. Thanks to gender quotas in Sweden47% of the members of the national parliament today are women, which

in itself contribute to more gender equality decisions.

Gender equality is not only needed to ensure womens rights in the

society. It is needed to create a better society for everyone.

It is in this context that I see the question of trafficking and prostitution.

The existence of prostitution is one of the clearest examples of a patriarchal

and oppressive class society:

It is patriarchal because it is built on the idea that it should be a mans

right to buy sex whenever he thinks he needs it.

It is obviously oppressive; Eimear Burkes presentation here and many

other scientific studies make that very clear.

It is also an example of a class society. Most men, but not all, who buy

sex have a high income and an important social position in society,

while most of the women who engage in prostitution are people whogrow up in poverty and under difficult social circumstances.

Action needed:

It is important to support the victims of trafficking and prostitution.

It is also important to develop strategies and actions to stop trafficking

and punish the organised crime that is behind it.

But the most important thing is to create a new norm in society that

says that it is not ok to buy sex. Not from a moralistic point of view,

but from a principle which is based on equality and solidarity.

The Swedish legislation that criminalises the buying of sex is societys way

to say that there is a new norm now. It is wrong to buy sex because it

contributes to making society unequal and oppressive.

The main objective is not to punish men who buy sex, but by law define a

norm that promotes gender equality and global solidarity.


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One of the more important activities in which some of the

members of APT are engaged is giving talks to, and engaging in

dialogue with, a wide variety of groups on the whole issue of

trafficking. They have given input to senior students in up to

sixty second-level schools. They have also responded to

invitations to speak and dialogue with various community

groups, parish groups, womens organizations, and deanery

gatherings of priests.

Reflecting on this experience, we the members of APT have

come to the conclusion that in these talks and dialogues it is

best not just to focus exclusively on the harsh practical reality

of trafficking. We believe that it is important to situate the

information we have to give about trafficking within the

context of an authentic understanding of sexuality in general.

This is particularly important when interacting with youngpeople, who are influenced by a culture which often treats sex

as a recreational activity. In practice, such an inadequate

approach to sex can easily degenerate into an exploitative

attitude which is seriously damaging for those who adopt it

and for the wider community.

As members of APT we have felt the need to update ourselves

on recent developments in the theology of sexuality. Our aim

has been to enhance our own understanding of sexuality, and

also to feel at ease in presenting this enriched understanding to

others. Consequently, we invited Dr Suzanne Mulligan to take


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part in two of our regular monthly meetings and to give input

and to engage in dialogue with APT members on the new

thinking on this topic. Dr Mulligan is a Lecturer in Moral

Theology in the Milltown institute of Theology and Philosophy

and she also teaches in other third-level colleges. We found her

two talks so enlightening that we believe it will be a service to

society to make the text of them available to a wider audience.

Dr Mulligan has kindly agreed to allow them to be includedin this booklet.

The first of Suzannes talks was entitled: Sexuality and Justice.

Drawing on, and enlarging on, the work of the theologian

and pastor Kevin Kelly, she pointed out how the sex trade

is underpinned by an unjust double-standard morality.

Much of society turns a blind eye to the behaviour of men

who buy sex. But, on the other hand, women who sell sex arenot only seen as bad but are criminalized and harassed by

police and judges. It is important for Christians and for the

official Church to challenge the exploitation of women and the

injustice of this double-standard morality. There is urgent

need for a more rounded and richer spirituality of sexone

which focuses less on the sexual act itself and more on the

quality and equality of the relationship between the persons

who engage in sexual activity, and on the whole web ofrelationships within the wider human community. The

fourth chapter of this little booklet contains the text of

Suzannes first talk:

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CHAPTER 4

Sexuality and Justice

Suzanne Mulligan

Traditionally, Catholic sexual ethics has tended to focus on a select number

of issues such as marriage, homosexuality, artificial contraception, andabortion. There is no shortage of theological and ethical material on these

matters. Indeed, it is fair to say that they and perhaps one or two other

concerns still dominate Catholic sexual discourse. They are, of course,

important questions that deserve serious theological consideration, but it

is noticeable that theological debate sometimes fails to move beyond these

concerns. Take for example the HIV pandemic. One finds ample material

dealing with the ethics of condom use while other dimensions of the

problematic generate less attention. I think particularly of the social,economic and cultural injustices that fuel the pandemic, and of the many

moral challenges that they pose for us as a global community. These matters

have, thankfully, been critiqued by a number of Catholic moral theologians

in recent years1, but despite this it seems that a disproportionate amount of

time is still given to the question of condom use. As regards sexual ethics

more generally, there are obvious lacunae that deserve greater analysis. One

might think of the trafficking of women and children for the sex industry,

of rape and sexual violence, or indeed of female genital mutilation, andwonder why Catholic sexual ethics has failed to respond as strongly to these

questions as it has to homosexuality or contraception.

I use the label justice issues in sexual ethics to refer to matters such as

trafficking, HIV/AIDS, rape, and female genital mutilation. That is not to say

that the idea of justice is irrelevant to debates about homosexuality or

artificial contraception. Indeed, justice ought to govern all our relationships,

sexual or otherwise, and there ought to be an obvious justice dimension to

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all sexual discourse. But it is also true to say that injustice is a driving

force behind many of the sexual problems we now face in the world, and

that is most clearly evident in relation to the HIV/AIDS pandemic, human

trafficking and so on. For that reason, we take the concept of justiceas a starting point for dialogue about sexual morality. But it only

provides a starting point. Justice cannot capture all that is required of us

in our sexual relationships; it is the minimum that is expected. And

human relationship ought to be about more than the minimum; it ought

to be about human flourishing and happiness. That said, one could argue

that without just relationships we cannot speak meaningfully about

human flourishing at all. And it is certainly true that if justice is absent from

our sexual lives then we fall seriously short of a healthy and life-affirmingsexuality.

I mentioned that a number of Catholic moral theologians have broadened

the theological debate on sexuality. As a result problems such as gender

discrimination, sexual exploitation, and the many injustices associated with

HIV/AIDS and human trafficking are gradually becoming a more obvious

part of Catholic ethical discourse. Their work is helping to draw attention to

the ways in which injustice, in its many guises, contributes to the sexual

vulnerability of people. This paper will consider some of the injustices thatfacilitate the human trafficking industry. There are, as I understand it, a

number of key issues that place women and girls at risk of being trafficked;

poverty is perhaps the major driving force here; the social disruption caused

by war and conflict can add to a persons vulnerability; gender stereotypes,

particularly those that discriminate against women, are another factor;

and the ways in which sexual violence more generally place women at risk

must be considered. In other words, the sex industry and human

trafficking cannot be understood apart from the many forms of injusticethat reinforce these industries.

So how might Catholic sexual ethics respond to human trafficking? First, it

must be an ethic that is person-centred. Second, it must be an ethic that

incorporates fully the female voice. Unless the lived experiences of women

are heard, Catholic sexual ethics will fail many women around the world.

And third, it must be a sexual ethic that includes a realistic understanding of

the ways in which poverty affects peoples sexual choices. These are all


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also true that among poorer populations levels of literacy can be quite low.

Poorer women may not be fully aware of their rights or may not know how

best to protect those rights. In addition, fear and intimidation make it very

difficult for women to report sexual abuse to the relevant authority if/whenit occurs.

Kelly is surely correct when he argues that we need to re-think the way we

perceive gender relations and especially the role of women in society.

Without a change of attitude towards women it will remain very difficult to

secure their equal rights. One can legislate for womens rights of course, but

legislation alone will not be effective unless it is accompanied by a real

change in attitude. And that change in attitude is needed not just by men

but by women too.

Gender stereotypes affect both men and women. The role that gender plays

in male sexual understanding must not be underestimated. Male

stereotypes that prioritise power, strength, and sexual prowess can

encourage men to devalue long-term sexual relationships, as well as de-

value ideals such as fidelity and abstinence. Many stereotypes identify real

men as being sexually experienced, while women are often seen as a means

to that end. In that context men may engage in sexual activity that placesthemselves and others at risk of STD infection. It can also allow for an

increased acceptance of lap-dancing clubs, brothels, and so on as just a

normal part of a good night out.

Thus, an evaluation of the way we see ourselves and others is necessary if we

hope to address many of the underlying factors contributing to human

trafficking. We must ask whether it is acceptable that Ireland is now termed

a destination country for traffickers. And what does that say about us and

our sexual mores? Kelly too recognises the need for attitudinal change whenattempting to tackle sexual injustice. As regards HIV/AIDS, he believes that

preventative work based solely on change in sexual behaviour is doomed to

failure. Change has to occur at a deeper social level.4 So change at this

deeper social level is vital if we are to improve the position of women in

society, particularly in many parts of the Developing World. Education is

important, as is what I call critical citizenship.5 But that is a challenge not

just for poorer countries. The sex industry is thriving throughout Ireland.


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Irish citizens must take a critical look at the various social, economic, and

sexual abuses that are occurring at present, and be honest in their response

to those abuses.

A key reason why women are vulnerable to various forms of sexual

exploitation rests with what Kelly calls a double-standard sexual morality.

Again, there are obvious parallels between what Kelly says here about HIV

and the problem of human trafficking, for this double-standard morality

underpins the sexual attitudes that support the international sex trade. Kelly

argues that a more person-centred sexual ethic is needed if Catholic sexual

teaching is to respond positively to the lives of millions of women. And here

too we see the importance of the justice dimension of sexuality. There are

many practical legal steps that can and should be taken to help deal withhuman trafficking. But as stated above, law reform alone will not solve the

problem. The roots of the problem lie with the sexual attitudes we have

towards one another, the way we see each other, and the way we understand

our sexual relationships. If we are to tackle human trafficking we need to

recognise that there is no quick-fix legal solution. A commitment to the

equal dignity of women is something that must be fosteredwithin society.

And that inevitably is a long-term goal. But if our response is to be a

genuinelyhuman one then it cannot be forced (through law, for example),but must be nurtured within us.

There is a major challenge here for Church teaching. Kelly makes the

following provocative remark:

[The] justice dimension of sexual ethics must be taken on board

by the Church. An awareness of the plight of women suffering

sexual exploitation or trapped in the sex industry highlights this

justice dimension. However, the Church must accept that it hasimplications for the entire field of sexual ethics. For instance, it

would be a more credible witness to the Gospel if the Church was

renowned for its opposition to female genital mutilation rather

than to its opposition to the use of condoms.6

What a difference it might make if the Catholic Church was as renowned

for its opposition to human trafficking as it is to artificial contraception

or homosexuality. Although the credibility of the institutional Church in


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Ireland is at an all-time low, there is need for real leadership by the Church

authorities on this issue. The Irish Church, through its many justice and

human rights organisations has shown great commitment to the eradication

of injustice and oppression, both here and abroad. It would be a welcomemove if it were to employ some of its energy and resources to trying to

overcome the problem of human trafficking and, in doing so, it would make

a definite stance on behalf of women and girls who are being sexually

exploited in Ireland at present.

As Kelly notes, the need for a new direction in Catholic sexual ethics arises

because our starting point for so long had been wrong.7 The traditional ethic

focused too much on the sexual act, and on trying to define when it was

morally acceptable. In the process less time was diverted to considering

the quality of the sexual relationship. It is not difficult to identify the

shortcomings of act-centred sexual ethic, for it fails to provide a complete

picture of human sexuality and of the person in sexual relationship. A more

person-centred approach has the advantage of incorporating the dignity of

the human person and the quality of the relationship.

When trying to tackle something like human trafficking it is important to

develop community-based initiatives and responses. In Ireland, for example,women who are trafficked here are regularly moved around the country in

the hope that their presence will not arouse suspicion. Local initiatives

which inform communities about the realities of human trafficking, and

especially on how to be vigilant, are important. Kelly makes a similar point:

the most effective responses to HIV are likely to be those that encourage

collective empowerment and community initiative.8Although information

is important, people themselves must work together to overcome the

injustices and oppression they experience.

Coming together, the socially vulnerable build up a critical

perception of the social, cultural, political and economic forces

that structure reality and, working out of this awareness, are better

able to take action against those forces which are seen to be

oppressive. This model demands a whole new approach to

public health with regard to vulnerable communities. While not

ignoring the health care needs of individuals, its main focus is on


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empowering communities to respond to these needs and also

to develop effective programmes of action aimed at confronting

the root causes of their social vulnerability.9

For too long we have tended to think of social reform in terms of the top-

down model, whereby those who controlled the power and the wealth

would somehow be moved to reform the sinful and unjust social structures

that oppressed so many. Of course, that was a nave attitude to say the least,

and increasingly we are realising the importance of empowering the poor

themselves so that they become actors in their own change. That marks an

important shift in emphasis. It recognises not only that the poor have a great

deal to contribute to the transformative process but also that the process

itself must be based on the experiences of the poorif it is to have any real

impact.

The experiences of women, therefore, ought to form an integral part of our

response to the abuses within the sex industry. And womens empowerment

is crucial. It seems rather futile to try to help women out of the sex industry

if they have few options but to return to the vulnerable situations that gave

rise to their exploitation in the first place. The empowerment of women is

important for another reason also. Where women have real life-choices,where they are le

Documents

46826335 Human Trafficking Prostitution and Sexuality